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PEOPLE v. MARKIDIS

184 Misc.2d 116 (2000)

708 N.Y.S.2d 243

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NICHOLAS N. MARKIDIS, Defendant.

City Court of Rochester.

April 10, 2000.

Attorney(s) appearing for the Case

Charles A. Schiano, Jr., Rochester, for defendant.

Howard R. Relin, District Attorney of Monroe County, Rochester (John D. Marchioni of counsel), for plaintiff.

OPINION OF THE COURT

MELCHOR E. CASTRO, J.

Citing the holding in People v Wood (260 A.D.2d 102), the defendant moves to dismiss a misdemeanor information charging him with assault, third degree (Penal Law § 120.00 [1]), on the ground that disposition of an article 8 petition in Family Court based on the same transaction constitutes former jeopardy. For the...

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